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Can I sue for medical malpractice if I signed a waiver?

On Behalf of | Jul 20, 2020 | Medical Malpractice

If a patient at a hospital falls victim to medical malpractice, they may feel like they cannot do anything to hold the hospital accountable because they signed a waiver. When compensation from a medical malpractice claim may be the only method of recovering from these avoidable injuries, is it still possible to sue after signing a waiver?

Medical negligence can have a devastating impact on the victim’s lifestyle. Thankfully, it is possible to seek justice through a lawsuit even if you signed a waiver, but only under certain conditions.

When can I sue?

A waiver’s purpose is for a patient to confirm that they are giving informed consent to a procedure and that the patient understands the procedure’s common risks or if the common risks were caused by negligence. The waiver also states that a patient agrees not to hold the doctor or other staff liable for any injuries.

Despite the waiver, a patient can sue if they experienced an injury that falls outside of the procedure’s common risks. If an injury occurs from a preventable action that is beyond the scope of the permissible standard of care, there may be grounds for legal action.

Likewise, gross negligence can also be the foundation for legal action. If a patient suffers a preventable injury during surgery, such as an injury from a doctor leaving surgical equipment inside the patient, the patient may sue.

If a doctor performs a procedure or operation without getting informed consent from a patient, the patient may hold the hospital liable for the consequences. Doctors need to advise all of the information, threats, and possible outcomes of a procedure to a patient before proceeding.

How do I start?

If you were the victim of medical malpractice, do not engage in communications with the hospital without your attorney. Speaking to the liable party without legal representation may endanger your claim or compensation. Reach out to an experienced medical malpractice attorney for the guidance you need in pursuing justice.

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